Associate, Diane Fernandez Achieves Dismissal Following Pre-Discovery Motion to Dismiss.

Associate Diane Fernandez successfully obtained a complete dismissal with prejudice in a case concerning a plaintiff who was employed at a substation construction site and suffered serious injuries after falling into a manhole access at the site. By utilizing the protections of Workers’ Compensation Law §11 as the exclusive remedy against the plaintiff's employer, Diane adeptly collaborated with the client and filed for dismissal after the third-party defendant declined to dismiss the claim.

Upon the submission of the motion, the third-party plaintiff was informed about the protections offered by the Law and consented to a dismissal with prejudice. This prompt and assertive action removed the claim from the client's loss runs in under 30 days, resulting in substantial savings and reduced stress for our client.

This result highlights the effectiveness of strategic early motion practice and the benefits of extensive statutory knowledge. Congratulations to Diane for achieving a swift, cost-efficient, and definitive victory.

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